non-compete question* EDIT and bump

I signed one with my current company. Talked to my sister-in-law attorney about it, and said they generally aren't worth the paper they are written on.

It is essentially a scare tactic to try and get you to not take a job with a rival firm.

However, they do protect against using proprietary information to harm the company.

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However, they do protect against using proprietary information to harm the company.

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That and your book of business. A company doesn't really care that much if you go work for their rival, but if you take their clients with you then they start getting upset.

what if you start your own LLC on the side in the same industry and do work in your free time but don't try to steal clients your primary business already has?

are you currently in texas, and are both jobs in texas? if so, tell your old job to shove it.
non competes are very difficult to enforce in texas, however there are some limited scope agreements that are enforceable.

example of an enforceable agreement:
you cannot sell widgets in san antonio for a period of one year after leaving company A

example of trash:
you cannot sell widgets in texas for a period of 10 years after leaving company A

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My friend in Texas left our company. His was upheld by the courts and he had to stop working for ayear. Undoubtedly his was enforceable. I hear alot of people say they aren't worth the paper they are printed on, yet have seen them upheld in LA, TX, Ark, and MS.

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As jcole stated, it is all about scope. A very narrow scope non-compete has a better chance of being enforceable than a broad one (which will get tossed).

I left, opened my own company, and have been sent a letter to stop doing the work I'm doing. I assume a court date is next. My partner has a strong defense team and is ready to roll. Former company hasn't paid my health account reimbursement yet nor my final commission check, which is over due.

One of the former company's owners was in town visiting customers last week and went as far as to tell them the reason I left is that they didn't support me and they have no one to blame but themselves. Several of my customers told the owners of the former company while I was employed there that they needed to do things differently to keep their business and the former owners did nothing, hence, why I left.

Add to that, this is the staffing industry and when paying field employees, they are paying them $20 an hour per say, but breaking the pay up to $15 base and a $5 per diem so they don't have to pay taxes on the whole $20. They are doing this without telling the field employee and without telling their customers. I think this has to be illegal and another reason why I left this company. My hope is that this helps get me out of my confidentiality that has a lot of non-compete language in it.